Jay FOWLER and Barbara Fowler, parents and next friend of Michael Fowler, Plaintiffs-Appellees,
v.
UNIFIED SCHOOL DISTRICT NO. 259, Sedgwick County, Kansas, Defendant-Appellant.
United States of America; National School Boards Association; Kansas Advocacy & Protective Services, Inc.; Most Reverend James P. Keleher, Archdiocese of Kansas City, Kansas; Most Reverend Stanley G. Schlarman, Diocese of Dodge City, Kansas; Most Reverend George K. Fitzsimons, Diocese of Salina, Kansas; Most Reverend Eugene J. Gerber, Diocese of Wichita, Kansas; National Association of the Deaf; National Cued Speech Association; The American Society for Deaf Children; and Kansas Association of the Deaf, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
February 21, 1997.
February 21, 1997.
Attorney(s) appearing for the Case
Roger M. Theis (Thomas R. Powell with him on the briefs), Hinkle, Eberhart & Elkouri, L.L.C., Wichita, KS, for Defendant-Appellant.
Mary Kathleen Babcock (Timothy B. Mustaine and Martha Aaron Ross with her on the brief), Foulston & Siefkin, L.L.P., Wichita, KS, for Plaintiffs-Appellees.
William Kanter and Frank A. Rosenfeld, Civil Division, Department of Justice, Washington, DC, filed an amicus curiae brief for the United States of America.
Gwendolyn H. Gregory, Deputy General Counsel, August W. Steinhilber, General Counsel, and Thomas A. Shannon, Executive Director, National School Boards Association, Alexandria, VA, filed an amicus curiae brief for the National School Boards Association.
Sherry C. Diel, Kansas Advocacy & Protective Services, Inc., Topeka, KS, filed an amicus curiae brief for the Kansas Advocacy & Protective Services, Inc.
J. Francis Hesse, Redmond & Nazar, L.L.P., Wichita, KS, filed an amicus curiae brief for Most Reverend James P. Keleher, Archdiocese of Kansas City, Kansas; Most Reverend Stanley G. Schlarman, Diocese of Dodge City, Kansas; Most Reverend George K. Fitzsimons, Diocese of Salina, Kansas; Most Reverend Eugene J. Gerber, Diocese of Wichita, Kansas.
Douglas R. Cyrex, Gonzales, LA, Marc P. Charmatz and Sarah S. Greer, National Association of the Deaf Law Center, Silver Spring, MD, filed an amicus curiae brief for the National Association of the Deaf, National Cued Speech Association, The American Society for Deaf Children, and Kansas Association of the Deaf.
Before ANDERSON, LUCERO, and MURPHY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
STEPHEN H. ANDERSON, Circuit Judge.
This case involves the question of whether a public school district, defendant Unified School District No. 259 (the "District"), in Sedgwick County, Kansas, must pay for fulltime sign language interpretive services at a private school, for the benefit of a profoundly deaf child whose parents have voluntarily removed him from a public school in the District and placed him in the private school. The plaintiffs, Michael Fowler and...
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